Hayes v. Missouri, Kansas & Texas Railway Co.

Citations

• 84 Kan. 1
• 113 P. 421
• 1911 Kan. LEXIS 271

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Shipment under a Written Contract — Evidence. Where a shipper simply orders ears to be placed at a loading chute two miles distant from any station of the railroad company, loads such cars with cattle and without any contract as to the shipment, except such as the law implies, and the shipper accompanies the cattle, which are hauled in the train to the railroad station of the company, and there calls upon the station agent to prepare a contract for the shipment, which is done, and the shipper signs the contract, receives a copy thereof, proceeds on his journey and uses the contract to pay his transportation, without making any objection thereto, the shipment is held to be made under the written contract, although the shipper neither read nor had an opportunity to read the contract before entering the train.</p> <p>2. -Notice to Carrier — Shrinkage in Weight. Where such written éontract contains this stipulation: “The shipper further expressly agrees that as a condition precedent to his right to recover any damages for any loss or injury to said cattle resulting’ from carrier’s negligence as aforesaid, including delays, he will give notice in writing to the conductor in charge of the train or the nearest station • or freight agent of the carrier on whose line the injuries occur before said cars leave that carrier’s line and before the cattle are mingled with other cattle or removed from pens at destination.” Held, that in case the cattle are removed from pens at destination without any notice having been given as required by this provision the shipper can not maintain an action for shrinkage of the cattle occasioned by the carrier’s negligence in unnecessarily shunting and bumping the cars containing the cattle and in delaying the delivery of the cars at the destination chute for unloading.</p> <p>3. —- Notice to Carrier — Loss of Market — Depreciation in Price. Loss of market and depreciation in price resulting from ne